NATURE OF CASE THIS IS A CIVIL ACTION AGAINST MERILLAT INDUSTRIES, INC. PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT ( THE ACT ), 42 U.S.C. 7413(B), FOR CONSTRUCTING A MAJOR STATIONARY SOURCE WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION PERMIT. FAILURE TO OBTAIN A FEDERAL PERMIT PRIOR TO CON- STRUCTING THIS MAJOR SOURCE OF VOLATILE ORGANIC COMPOUNDS CONSTITUTES A VIOLATION OF SECTION 165 OF THE ACT, 42 U.S.C. 7475, AND THE IMPLEMENTING REGULATIONS AT 40 C.F.R. 52.21(I) MERILLAT INDUSTRIES BEGAN ACTUAL CONSTRUCTION ON A CABIN ETRY MATERIALS (PARTICLEBOARD MANUFACTURE AND LAMINATING PROCESS) PLANT AT RAPID CITY, SOUTH DAKOTA AS EARLY AS AUGUST, 1983. BECAUSE THE STATE DOES NOT HAVE AN APPROVED PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM, EPA ADMINI- STERS FEDERAL PERMIT REQUIREMENTS THERE. BECAUSE THE CORPORATION'S OWN ESTIMATES SHOW AN EMISSION POTENTIAL OF MORE THAN 2,000 TONS PER YEAR VOLATILE ORGANIC COMPOUNDS, THE FEDERAL PERMITTING REQUIREMENTS APPLY. IN THE FACE OF WRITTEN AND VERBAL ADVICE TO APPLY FOR THE REQUIRED PERMIT, MERILLAT INDUSTRIES CONTINUED CONSTRUCTION. ADMINISTRATIVE ENFORCEMENT ACTIONS RESPONSIVE TO THE SITUATION THEN INCLUDE D EPA'S STOP CONSTRUCTION ORDER UNDER SECTION 167 OF THE ACT 42 U.S.C. 7477, AND A NOTICE OF VIOLATION PURSUANT TO SECTIO N 113(A) OF SAID ACT, 42 U.S.C. 7413(A). CAUSE OF ACTION